CJ227-03: Criminal Procedure
Unit 4 Project April 19, 2011
Professor: Kurt Austin Zimmer
Since John was in custody, what are the procedural steps the police were required to take once John began to incriminate himself? The police have no obligation to stop John Doe from making any statements. “Excited Utterance” made by a defendant before being questioned are admissible as statements given under Miranda advisement. Once the police begin to question John Doe regarding the theft, then they are required to read or provide Mr. Doe with his Miranda Warnings. Miranda rights (Miranda rule, Miranda warning) n. the requirement set by the U. S. Supreme Court in Miranda v. Alabama (1966) that prior to the time of arrest and any …show more content…
Doe. The judge may look at the following factors in his decision to grant or deny bail; character of a person, their habits, ties to a neighborhood or country of origin, the risk of them jumping bail due to his immigration status, and mental or employment conditions. If the judge feels that Mr. Doe is a flight risk due to his immigration status, they may put an immigration hold on Mr. Doe. Once the case has come to a conclusion if the verdict is guilty the judge my order Mr. Doe to incarceration, deportation back to his home country for him being in the country illegally per the rules and regulation of Homeland Security. “The federal government formally removes an alien from the United States for violations of a number of immigration or criminal laws. Once deported, an alien may lose the right to ever return to the United States, even as a visitor”.
Explain what arraignment is and what occurs during arraignment. An arraignment is the start of the judicial process. The defendant will be presented before the presiding Judge, and the Judge will then advise the defendant the following, what he is being charged with, possible penalties and fines he could be charged with, and possible restitution if applicable. The Judge will also ask if the defendant has an attorney or needs the assistance of a court appointed attorney. The judge will then ask the defendant how he pleads to the criminal charges “guilty”, “not guilty”, or “no contest”. The judge will